Forests (Domestic Firewood) Regulations 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Forests (Domestic Firewood) Regulations 2012 S.R. No. 91/2012 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 1 3 Commencement 2 4 Definitions 2 5 No application of regulations to timber resources 2 6 Nomination of another person to cut and take away fallen or felled trees for firewood 3 PART 2—OFFENCES 4 7 Offences relating to conduct in a firewood collection area during a firewood collection season 4 8 No offence if authorised by licence or authorisation etc. 5 __________________ SCHEDULE 6 Form 1—Nomination Form—Collection of Firewood for Domestic Use 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 91/2012 Forests Act 1958 Forests (Domestic Firewood) Regulations 2012 The Governor in Council makes the following Regulations: Dated: 28 August 2012 Responsible Minister: RYAN SMITH Minister for Environment and Climate Change MATTHEW McBEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to regulate or prohibit certain conduct in a firewood collection area during a firewood collection season in State forest; and (b) to prescribe offences; and (c) to prescribe a nomination form for the purposes of section 57R of the Forests Act 1958. 2 Authorising provisions These Regulations are made under sections 99(33) and 100B of the Forests Act 1958. -- 2 of 8 -- Part 1—Preliminary Forests (Domestic Firewood) Regulations 2012 S.R. No. 91/2012 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 1 September 2012. 4 Definitions In these Regulations— heavy machinery includes any bulldozer, crane, excavator, forwarder, hydraulic log splitter, saw bench, skidder, skid steer loader, tractor and heavy vehicle; heavy vehicle has the same meaning as in the Road Safety Act 1986; impermeable surface means any surface which would prevent oil or fuel from being absorbed into the ground if spilled and includes a tarpaulin, tray or trailer; the Act means the Forests Act 1958; watercourse has the same meaning as in section 384 of the Land Act 1958. 5 No application of regulations to timber resources (1) Nothing in these regulations applies to fallen or felled trees that are timber resources within the meaning of the Sustainable Forests (Timber) Act 2004. (2) These regulations do not apply to— (a) an employee or contractor of VicForests who is acting in accordance with an approved timber release plan made under the Sustainable Forests (Timber) Act 2004; or (b) VicForests when carrying out its duties or functions. r. 3 -- 3 of 8 -- Part 1—Preliminary Forests (Domestic Firewood) Regulations 2012 S.R. No. 91/2012 3 Authorised by the Chief Parliamentary Counsel 6 Nomination of another person to cut and take away fallen or felled trees for firewood For the purposes of section 57R(2)(a) of the Act, the prescribed form is Form 1 in the Schedule. __________________ r. 6 -- 4 of 8 -- Part 2—Offences Forests (Domestic Firewood) Regulations 2012 S.R. No. 91/2012 4 Authorised by the Chief Parliamentary Counsel PART 2—OFFENCES 7 Offences relating to conduct in a firewood collection area during a firewood collection season (1) A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees within 20 metres of a watercourse. Penalty: 20 penalty units. (2) A person must not, in a firewood collection area during a firewood collection season, tow or winch fallen or felled trees along the ground. Penalty: 20 penalty units. (3) A person must not bring heavy machinery into a firewood collection area during a firewood collection season. Penalty: 20 penalty units. (4) A person must not operate heavy machinery in a firewood collection area during a firewood collection season. Penalty: 20 penalty units. (5) A person must not, in a firewood collection area during a firewood collection season, fill a chainsaw with oil or fuel unless the chainsaw is situated on an impermeable surface. Penalty: 5 penalty units. r. 7 -- 5 of 8 -- Part 2—Offences Forests (Domestic Firewood) Regulations 2012 S.R. No. 91/2012 5 Authorised by the Chief Parliamentary Counsel 8 No offence if authorised by licence or authorisation etc. (1) Regulation 7(1) and (2) do not apply to a person who cuts or takes away fallen or felled trees in State forest in accordance with a lease, licence, permit or authorisation held by the person under the Act or any other Act or regulations under any other Act. (2) Regulation 7(3) and (4) do not apply to a person who carries out an activity referred to in regulation 7(3) or (4) in accordance with a lease, licence, permit or authorisation held by the person under the Act or any other Act or regulations under any other Act. __________________ r. 8 -- 6 of 8 -- Forests (Domestic Firewood) Regulations 2012 S.R. No. 91/2012 6 Authorised by the Chief Parliamentary Counsel SCHEDULE FORM 1 Regulation 6 NOMINATION FORM—COLLECTION OF FIREWOOD FOR DOMESTIC USE Name of nominating person Address of nominating person Telephone number of nominating person I, the undersigned, under section 57R of the Forests Act 1958, nominate [name and address of nominated person] to cut and take away fallen or felled trees on my behalf for domestic use as firewood. The maximum amount of fallen or felled trees to be cut and taken away by [name and address of nominated person] is [amount of fallen or felled trees] cubic metres. Signed Date Note—maximum amount The specified maximum amount of fallen or felled trees must not exceed 16 cubic metres for the current financial year when added to the following amounts— • the maximum amounts specified in any other nomination made by you or a member of your household (whether the nomination is made under the Forests Act 1958 or the Crown Land (Reserves) Act 1978); • the amounts of fallen or felled trees already cut and taken away in this financial year by you or members of your household as firewood (whether cut or taken away in a firewood collection area determined under the Forests Act 1958 or the Crown Land (Reserves) Act 1978). ═══════════════ Sch. -- 7 of 8 -- Forests (Domestic Firewood) Regulations 2012 S.R. No. 91/2012 7 Authorised by the Chief Parliamentary Counsel ENDNOTES Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 8 of 8 --